PRIVACY ACT 1988

PART V - INVESTIGATIONS ETC.  

Division 5 - Miscellaneous  

SECTION 70B   70B   APPLICATION OF THIS PART TO FORMER ORGANISATIONS  


If an individual, body corporate, partnership, unincorporated association or trust ceases to be an organisation but continues to exist, this Part operates in relation to:


(a) an act or practice of the organisation (while it was an organisation); and


(b) the individual, body corporate, partnership, unincorporated association or trust;

as if he, she or it were still (and had been at all relevant times) an organisation.

Example 1: If an individual carrying on a business was not a small business operator, but later became one and remained alive:

  • (a) a complaint may be made under this Part about an act or practice of the individual in carrying on the business before he or she became a small business operator; and
  • (b) the complaint may be investigated (and further proceedings taken) under this Part as though the individual were still an organisation.
  • Example 2: A small business operator chooses under section 6EA to be treated as an organisation, but later revokes the choice. A complaint about an act or practice the operator engaged in while the choice was registered under that section may be made and investigated under this Part as if the operator were an organisation.




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